Kate Evans & Robert Koulish In summer 2018, the Trump administration ratcheted up its immigration enforcement and detention practices with new family separation and forced detention, as part of its “zero tolerance” strategy aimed at deterring asylum applicants from exercising their asylum rights under the 1980 Refugee Act. Part of its effort was to manipulate the immigration risk detention tool, known as the risk classification assessment, or RCA. The risk tool was designed during the Obama administration to reduce the arbitrary detention of immigrants by tailoring it to risk. A new [...]
Criminal prosecution data reveal longstanding practices & disparities
Federal prosecutors filed criminal charges against more migrants in May 2018 than at any other time since Donald Trump became president, newly-released government statistics obtained by the Transactional Access Records Clearinghouse reveal. But despite the administration’s “zero tolerance” approach, most people apprehended by Customs and Border Protection officers never found themselves in a criminal courtroom. Only about one-third of people apprehended in May outside of ports-of-entry were prosecuted criminally. As the report’s authors point out, this shows that the zero tolerance policy [...]
Undercutting Naturalization
By Patricia M. Corrales I joined the INS, then part of the Department of Justice, in March of 1995. Within weeks of becoming a trial attorney, my boss and mentor, assigned me a very unique case representing the agency in a federal case involving the naturalization of Filipino war veterans. Some Filipino nationals, during World War II, had shown their loyalty to this country by serving in the Armed Forces of the United States, and were promised naturalization. When some of these Filipino war veterans filed petitions for naturalization, INS denied their petitions claiming their names could [...]
ICE ignores detention oversight, Inspector General finds
ICE audits its detention centers, but too infrequently too keep anyone in check and doesn’t follow up to make sure changes are made, a government report issued last month disclosed. The agency has very little capacity to make sure that its sprawling network of over 200 immigration prisons meets the government’s own standards. Worse, glaring deficiencies go uncorrected, sometimes deliberately, because ICE’s oversight system is hobbled by lack of funding and under-attention. The DHS Inspector General’s document, issued June 26, reads like an ICE abolitionist’s talking points. Inspections are [...]
Resisting family separation and family detention in South Texas
President Donald Trump’s policy of separating migrant families is quickly morphing into the expansion of an existing policy of detaining families. At the end of June, the federal government announced that an immigration prison—the Port Isabel Service Processing Center—would be its “primary family reunification and removal center,” though it has since walked that policy back. We work out of this facility and have visited it many times. Call it what they like, this is a prison. That Port Isabel is at the center of the administration’s new policy to expand family detention only underscores [...]
Family Separation and Reunification
By Anita Ortiz Maddali There has been widespread public outcry following the administration’s “Zero Tolerance” policy, which called for criminal prosecution of parents crossing the border without proper documentation and forced separation from their children. The President recently issued an Executive Order ending the separation policy. Now, parents will be detained with their children. But what about the 2000 plus children who have already been separated because of the zero tolerance policy? How will they be reunited with their parents? Initially, and, understandably, from an [...]
From family detention to family separation
Separating families, as a Trump administration policy now requires when migrants try to sneak into the United States, is certainly cruel. Forgotten in the ruckus dominating immigration debates since last month’s policy announcement is the Obama administration’s embrace of an equally troubling alternative: locking up migrant children alongside their mothers. Losing sight of common threads between family separation and family detention runs the risk of missing an opportunity to reimagine immigration policies. In early May, Trump’s Attorney General Jeff Sessions announced that federal [...]
Trump’s family separation & detention executive order
Responding to the outcry over his administration’s policy of separating migrant families, President Trump signed an executive order today ostensibly limiting separation while simultaneously expanding family detention. The executive order explicitly links the alternative nightmares of family separation and detention. The executive order purports to end the family separation policy. Indeed, it claims that the administration’s policy is to “maintain family unity, including by detaining families.” To do that, the president ordered DHS to “maintain custody of alien families during the pendency [...]
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